The statute of limitations, as it relates to criminal law, legislates the permissible length of time between the commission of an alleged offence and when that person can be charged and prosecuted for it. Once that window expires, the state can no longer lay charges in relation to that criminal offence. Amongst other reasons, the statute of limitation period exists to ensure that a defendant receives a fair trial for less serious matters, as the passage of time may mean they potentially exculpatory evidence such as DNA evidence or CCTV surveillance may be lost. Statutes of limitation are a long-standing historical right that exists to protect defendants, but the exact period varies based on jurisdiction, as does the types of offences to which it applies.
Notably, there is no statute of limitations for many serious or indictable offences such as murder, manslaughter, sexual assault, armed robbery, or assault. This means regardless of how much time has passed since the commission of the offence, authorities can still try the individual responsible. It also means that even if a law has been repealed, an individual may still be tried under it (e.g. Crimes Act 1900 (ACT) s 441).
NSW:
For summary offences in NSW (not serious/indictable offences), proceedings must be commenced before 6 months has passed since the alleged commission of the offence (Criminal Procedure Act 1986 (NSW) s 179(1)). There are some exceptions to this provision, including if an Act or Law provides a different specific limitations period for legal action for a certain offence, if an indictable offence is being heard summarily, or if an offence arises relating to a person who is the subject of a coronial inquest.
Some key exceptions that fall under the above provision are firearms offences and penalty notices. Firearms offences carry a two-year limitation period from the date of the alleged offending (Firearms Act 1996 (NSW)).
An individual can be issued a penalty notice fine up to 12 months after the alleged offending (Fines Act 1996 (NSW) s 37A (2)). Penalty notices are often issued for traffic offences.
WA:
Western Australia provides a 12-month statute of limitations for summary offences (Criminal Procedure Act 2004 (WA) s 21). All other offences do not carry a limitation period. Exceptions to this period include where WA legislation specifically provides a different limitation period or the offender consents to initiating proceedings.
ACT:
Under ACT law, proceedings for an offence punishable by imprisonment for 6 months or less must be initiated within one year of the commission of that offence (Legislation Act 2001 (ACT) s 192). Similarly to NSW and WA, if an act or legislation provides a different limitation period, the legislated period will prevail over the Legislation Act’s one-year limitation.
CTH:
Summary offences under Commonwealth legislation have a limitation period of 1 year (Crimes Act 1914 (Cth) s 15B). If an offence carries a period of 6 months imprisonment or less, the statute of limitations allows only 12 months for proceedings to be initiated. All other Commonwealth offences have no statute of limitations and proceedings can begin no matter how much time has passed.
Should you or someone you know be charged with an offence, it is essential you receive legal advice from an experienced criminal defence lawyer at any early stage. To discuss your options, call Hugo Law Group in Sydney, NSW (02 9696 1361), Canberra (02 5104 9640), Perth (08 6255 6909) or Northern NSW (02 5552 1902) to make an appointment to speak to one of our lawyers.
Ella Johnston
Hugo Law Group
Canberra
